High Courts Weekly Round Up

Allahabad High Court The Lucknow bench of the High Court dismissed a writ petition of BJP leader Jayaprada challenging the election of Azam Khan from the Rampur parliamentary constituency in the recently concluded Lok Sabha election.Taking a stern view of the Uttar Pradesh Bar Council Chairperson Darvesh Yadav's murder in Agra court premises, the High Court directed state government to ensure foolproof security in all court premises in the state. Bombay High Court Held that attempt to rape is equally injurious, not only to the victim physically but morally. Court was hearing an appeal filed by the accused Vishal Bhalerao, a 24-year-old man from Pune convicted of raping a 12-year-old girl.Commuted death penalty awarded to a man accused in an acid-attack-murder case. The bench noted that, in this case, the accused was young boy aged about 23 years and there is no past criminal record, and thus it could not be termed as "rarest of the rare" case. Observed that in cases where overt acts are attributed to persons other than the husband, such accusations need to be proved beyond a reasonable doubt.Granted bail to four accused in the 2006 Malegaon blast case which killed 37 and injured over 100 people. The Court allowed the bail applications filed by Dhan Singh, Lokesh Sharma, Manohar Narwaria and Rajendra Chaudhary. Calcutta High Court Though refused to issue any specified directions in a PIL filed against ongoing doctors' strike in West Bengal, reminded the 'striking' doctors about the Hippocratic Oath and called upon them to reconcile. The bench of the Chief Justice Thottathil B. Radhakrishnan and Justice Suvra Ghosh also asked the State Government to provide adequate security to the doctors.Held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Delhi High Court In a huge relief to Channel 2 Group Corporation, which has exclusive broadcasting rights of the entire World Cup 2019, the High Court passed ex-parte interim order restraining over 60 websites, some radio channels and some Internet Service Providers from broadcasting the sporting event.Ordered the Centre to extend all the benefits to the prosecutors as recommended by the Government of NCT of Delhi way back in year 2015 while observing that the Centre is bound to accept the recommendations made by the Delhi cabinet with regard to revision of pay scales of the prosecutors since the Lieutenant Governor has to act on the aid and advice of the Cabinet in matter of appointment of Public Prosecutor.Perpetrators of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency held the High Court in Lokesh v. State. Making further observation on heinous nature of sexual offences, Justice C. Hari Shankar said that it is in the order of nature, and is the sacred right of every living being to blossom from infancy to childhood, to adolescence and, finally, to adulthood. This order of nature is thrown into violent disarray by the sexual predators of children.Acquitted a man charged with rape noting amongst other things the fact that the complainant woman called him 529 times before calling police which made her narration shady.Directed Delhi University and the University Grants Commission (UGC) to allow students to apply for admission to undergraduate (UG) courses at the varsity for the current academic session based on the eligibility criteria of 2018-19. Gauhati High Court Held that a proceeding before one Foreigners' Tribunal cannot be transferred to another Foreigners' Tribunal in exercise of its powers under Article 226 of the Constitution of India.Affirmed the findings of a Foreigner's Tribunal in Assam against a man who claimed to have entered India in 1965. Gujarat High Court Issued notice to the State government and others on a PIL calling for sealing of all buildings which violate the building bye-laws and cancellation of licences of the violators to prevent a repeat of the fire tragedy that struck the coaching institute in Sarthana, Surat killing 22 students. Jharkhand High Court In a relief to Union Agriculture Minister Narendra Singh Tomar, the High Court granted a stay in proceeding against him in lower court in a case related to alleged insult and provocation knowing that it would cause break of public peace.Brought the much-need relief to octogenarian Munilal Yadav, a resident of Baghmara area in Dhanbad district, who was facing starvation for the past several days. A division bench comprising Justices HC Mishra and Deepak Roshan took cognizance of the plight of old man and ordered the deputy commissioner of Dhanbad to submit a report on the issue. Karnataka High Court Directed...

High Courts Weekly Round Up

Ashok Kini

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